David Walker v. CBS Broadcasting Inc. et al
| David Walker |
| Does 1 through 20, inclusive, CBS Broadcasting Inc., Mitchell Spacone and Does 1 through 10, inclusive |
| 2:2020cv10370 |
| November 12, 2020 |
| US District Court for the Central District of California |
| Jean P Rosenbluth |
| John F Walter |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on January 5, 2021. A more recent docket listing may be available from PACER.
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| Filing 45 Receipt of Copy of Remand Transmittal Letter from Los Angeles Superior Court, Case No. 20STCV38774, acknowledged on 12/29/2020. (iv) |
| Filing 44 TRANSMITTAL of documents to Los Angeles Superior Court. A certified copy of the order of remand and a copy of the docket sheet from this court was sent to Los Angeles Superior Court. (iv) |
Filing 43
MINUTES (IN CHAMBERS) ORDER GRANTING PLAINTIFF DAVID WALKER'S MOTION TO REMAND [filed 11/30/2020; Docket No. #24 ]; ORDER DENYING WITHOUT PREJUDICE DEFENDANT CBS BROADCASTING INC.'S MOTION TO DISMISS [filed 11/30/2020; Docket No. #25 ] by Judge John F. Walter. Plaintiff's Motion to Remand is GRANTED. This action is REMANDED to Los Angeles County Superior Court. CBS's Motion to Dismiss is DENIED without prejudice to re-filing in state court. (MD JS-6. Case Terminated) (iv)
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Filing 42
ORDER GRANTING STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order #34 . [See document for details.] (et)
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Filing 41
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 10/22/2021 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 10/29/2021 at 8:00 AM. Jury Trial set for 11/9/2021 at 8:30 AM. (iv)
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Filing 40
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on December 21, 2020 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: May 3, 2021. The Joint Report re: Results of Settlement Conference due on: May 7, 2021. (iv)
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| Filing 39 NOTICE OF LODGING DEFENDANTS PROPOSED STATEMENT OF DECISION REGARDING PLAINTIFF S MOTION TO REMAND re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #24 filed by Defendant CBS Broadcasting Inc.. (Attachments: #1 Proposed Order Proposed Statement of Decision)(McCray, Katherine) |
| Filing 38 NOTICE OF LODGING DEFENDANT CBS BROADCASTING INC.S PROPOSED STATEMENT OF DECISION RE ITS MOTION TO DISMISS re NOTICE OF MOTION AND MOTION to Dismiss Ninth Cause of Action in Plaintiff's Complaint #25 filed by Defendant CBS Broadcasting Inc.. (Attachments: #1 Proposed Order Proposed Statement of Decision)(McCray, Katherine) |
| Filing 37 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Ninth Cause of Action in Plaintiff's Complaint #25 filed by Defendant CBS Broadcasting Inc.. (McCray, Katherine) |
| Filing 36 Text Entry Order: The Joint Scheduling Conference Report, filed December 4, 2020 (Docket No. #29 ) and the Defendants Opposition to Plaintiffs Motion to Remand, filed December 7, 2020 (Docket No. #31 ), were submitted in double sided format. The Courts Standing Order requires that all courtesy copies be submitted in single sided format. Accordingly, the parties shall deliver new Courtesy Copies on or before December 15, 2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) TEXT ONLY ENTRY |
| Filing 35 REPLY In support of Motion to Remand NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #24 filed by Plaintiff David Walker. (Alfonso, Frank) |
| Filing 34 Joint STIPULATION for Protective Order filed by Defendant CBS Broadcasting Inc.. (Attachments: #1 Proposed Order Granting Stipulated Protective Order)(McCray, Katherine) |
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Filing 33
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAT 30 DAYS #32 by Judge John F. Walter. Defendant Mitchell Spacone to respond to the complaint of December 16, 2020 is extended to January 15, 2021. (iv)
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| Filing 32 Joint STIPULATION Extending Time to Answer the complaint as to Mitchell Spacone answer now due 1/15/2021, re Complaint - (Discovery) filed by Defendant Mitchell Spacone. (Attachments: #1 Proposed Order Granting Stipulation to Extend Time to Respond to Initial Complaint By Not More Than 30 Days (L.R. 8-3))(McCray, Katherine) |
| Filing 31 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #24 filed by Defendants CBS Broadcasting Inc., Mitchell Spacone. (Attorney Katherine Marie McCray added to party Mitchell Spacone(pty:dft))(McCray, Katherine) |
| Filing 30 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Ninth Cause of Action in Plaintiff's Complaint #25 filed by Plaintiff David Walker. (Alfonso, Frank) |
| Filing 29 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3-4 days, filed by Defendants CBS Broadcasting Inc., Mitchell Spacone.. (Wofford, Robin) |
| Filing 28 DECLARATION of Robin A. Wofford as Lead Trial Counsel on behalf of Defendant Mitchell Spacone filed by Defendant Mitchell Spacone. (Wofford, Robin) |
| Filing 27 NOTICE of Interested Parties filed by Defendant Mitchell Spacone, identifying Plaintiff David Walker, Defendant CBS Broadcasting Inc. and Defendant Mitchell Spacone. (Attorney Robin A Wofford added to party Mitchell Spacone(pty:dft))(Wofford, Robin) |
| Filing 26 JOINDER filed by Defendant Mitchell Spacone joining in Notice of Removal (Attorney Civil Case Opening), #1 . (Wofford, Robin) |
| Filing 25 NOTICE OF MOTION AND MOTION to Dismiss Ninth Cause of Action in Plaintiff's Complaint filed by Defendant CBS Broadcasting Inc.. Motion set for hearing on 12/28/2020 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (McCray, Katherine) |
| Filing 24 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff David Walker. Motion set for hearing on 12/28/2020 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Memorandum Plaintiff David Walker's Points and Authorities in Support of Motion to Remand, #2 Proposed Order) (Alfonso, Frank) |
| Filing 23 DECLARATION of Frank A. Alfonso Lead Trial Counsel filed by Plaintiff David Walker. (Alfonso, Frank) |
| Filing 22 DECLARATION of Frank Alfonso Re Conference of Counsel filed by Plaintiff David Walker. (Alfonso, Frank) |
| Filing 21 DECLARATION of Robin A. Wofford re Text Only Scheduling Notice,,, 15 Regarding Conference of Counsel filed by Defendant CBS Broadcasting Inc.. (Wofford, Robin) |
| Filing 20 DECLARATION of Robin A. Wofford Regarding Conference of Counsel filed by Defendant CBS Broadcasting Inc.. (Wofford, Robin) |
| Filing 19 DECLARATION of Robin A. Wofford Lead Trial Counsel filed by Defendant CBS Broadcasting Inc.. (Wofford, Robin) |
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Filing 18
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT BY NOT MORE THAN 30 DAYS #17 by Judge John F. Walter. The existing due date to respond to the complaint of November 19, 2020 is extended to December 3, 2020. (iv)
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| Filing 17 STIPULATION Extending Time to Answer the complaint as to CBS Broadcasting Inc. answer now due 12/3/2020, re Complaint - (Discovery) filed by Defendant CBS Broadcasting Inc.. (Attachments: #1 Proposed Order)(McCray, Katherine) |
| Filing 16 Text Entry Order: Plaintiff David Walkers Motion to Remand filed November 18, 2020 (Docket No. #13 ) is stricken for the reasons stated in Docket No. 15 . THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 15 Text Entry Order: The Court concludes that the parties have failed to conduct a proper Local Rule 7-3 conference based on their failure to meaningfully describe their respective legal positions in the Joint Statements Re: Local Rule 7-3 Conference of Counsel filed on November 17, 2020 (Docket Nos. #11 and #12 ). Accordingly, the Court orders the parties to conduct an additional conference in person or by video by November 23, 2020. Within 3 days of the meet and confer, each party shall file a declaration setting forth the issues resolved at the conference and those issues that were not resolved with a detailed explanation of why those issues could not be resolved. If a motion remains necessary, counsel shall not file the motion until 2 days after each party files the declaration required by this Order. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 14 CERTIFICATE of Interested Parties filed by Plaintiff David Walker, (Alfonso, Frank) |
| Filing 13 *Stricken* NOTICE filed by Plaintiff David Walker. on Motion to Remand (Attachments: #1 Memorandum Plaintiff David Walker's Points and Authorities in Support of Motion to Remand, #2 Proposed Order Proposed Order Granting Plaintiff David Walker's Motion to Remand)(Alfonso, Frank) Modified on 11/19/2020 (sr). |
| Filing 12 STATEMENT Joint Statement Re: Local Rule 7-3 Conference of Counsel filed by Plaintiff David Walker (Alfonso, Frank) |
| Filing 11 STATEMENT re Local Rule 7-3 Conference of Counsel filed by Defendant CBS Broadcasting Inc. (Joint) re: Initial Order upon Filing of Complaint - form only #9 . (McCray, Katherine) |
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Filing 10
MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for December 21, 2020 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before December 7, 2020. (iv)
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Filing 9
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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| Filing 8 TEXT ONLY ENTRY ORDER DISMISSING DOES: Pursuant to Local Rule 19-1, no complaint or petition shall be filed that includes more than ten Doe or fictitiously named parties. Accordingly, the Court hereby dismisses the action as to Doe Defendants 11 through 20, inclusive.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Jean P. Rosenbluth. (lh) |
| CONFORMED FILE COPY OF COMPLAINT against Defendants CBS Broadcasting Inc., Does. Jury Demanded, filed by Plaintiff David Walker. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 10/08/2020 SUBMITTED ATTACHED TO NOTICE OF REMOVAL #1 ) (lh) |
| Filing 5 CERTIFICATE OF SERVICE filed by Defendant CBS Broadcasting Inc., re Civil Cover Sheet (CV-71) #2 , Certificate/Notice of Interested Parties, #4 , Notice of Removal (Attorney Civil Case Opening), #1 , Jury Demand #3 served on November 12, 2020. (McCray, Katherine) |
| Filing 4 NOTICE of Interested Parties filed by Defendant CBS Broadcasting Inc., identifying Plaintiff David Walker, Defendant CBS Broadcasting Inc., Defendant Mitchell Spacone, Westinghouse CBS Holding Company, Inc., ViacomCBS Inc., National Amusements, Inc. (McCray, Katherine) |
| Filing 3 DEMAND for Jury Trial filed by Defendant CBS Broadcasting Inc... (McCray, Katherine) |
| Filing 2 CIVIL COVER SHEET filed by Defendant CBS Broadcasting Inc.. (McCray, Katherine) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 20STCV38774 Receipt No: ACACDC-28986040 - Fee: $400, filed by Defendant CBS Broadcasting Inc.. (Attachments: #1 Exhibit A - Summons, #2 Exhibit B - Complaint, #3 Exhibit C - All Other General Pleadings, #4 Declaration of Erika Grant) (Attorney Katherine Marie McCray added to party CBS Broadcasting Inc.(pty:dft))(McCray, Katherine) |
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